A “water right adjudication” is a legal proceeding in which the District Court determines (i.e. adjudicates) the elements of all water rights in a water basin.  The elements of a water right are: the name of the owner and the priority of the water right; the amount of water; the purpose, period and place of use of the water; and, if the water is used for irrigation, the location of the irrigated land.

The Court adjudicates a water right by entering a judgment (known as a “Subfile Judgment”) that describes the elements of the water right.  The judgment, once entered by the Court, is binding on the owner of the water right and on all other persons owning water rights in the basin.  Learn about the procedure in the Animas for adjudicating water rights and for objecting to another persons’ water rights.

 

An inter se proceeding, in the context of a water rights adjudication, is a proceeding in which all water rights owners in the basin have the opportunity to object to one another’s water rights.

Historically, in New Mexico the Court adjudicated water rights in two separate proceedings:  First, the Court adjudicated the water rights of a water right claimant in a proceeding between the claimant and the State of New Mexico (acting through the Office of the State Engineer).  Second, after all water rights in a basin had been adjudicated as between the claimants and the State of New Mexico, the Court adjudicated any objections that water rights owners had to one another’s water rights in another proceeding known as an “inter se proceeding”.

In the AUB, the Court is adjudicating water rights in “expedited inter se proceedings”.  In an expedited inter se proceeding, the Court adjudicates the water rights of a water right claimant in a single proceeding involving the claimant, the State of New Mexico and any other person in the basin who objects to the claimant’s water rights.

Each month the State of New Mexico (acting through the Office of the State Engineer) mails  packets of documents (an “Adjudication Packet”) to several people the State believes claim water rights in the AUB.  This mailing is the first step in adjudicating the water rights of the recipients of the Adjudication Packets (claimants).

Actions a claimant must take when he or she receives an Adjudication Packet, as well as the remaining steps in the water rights adjudication process, are described at  Proceeding to Resolve Water Rights Claims Under New Mexico Law. 

The State of New Mexico mails only a few Adjudication Packets each month, so you might not receive your packet for some time.  Questions concerning the status of your adjudication packet should be directed to Stacey Goodwin, Esq., the attorney for the State of New Mexico, 505-982-4147, 300 Galisteo St., #205 Santa Fe, NM 87501, or the Office of the State Engineer.

Each person claiming a water right in the AUB has the right to object to another claimant’s water right.  To object, a person must file a Notice of Intent to Participate in Inter Se Proceeding when the water right of concern is described in a Proposed Subfile Judgment Awaiting Inter Se Objection.  The Notice of Intent must be filed the by the deadline stated.  Additional information about the procedure for objecting to another person’s water right can be found at Proceedings to Resolve Water Rights Claims Based on New Mexico Law.

The Court publishes a Monthly Adjudication Report listing all upcoming deadlines and court hearings, as well as all proposed judgments that, if signed by the Court, adjudicate the water rights described in the judgments. The Monthly Adjudication Report is available by subscription [MISSING LINK], free if delivered by email attachment or for an annual fee if delivered by mail.  In addition, copies of all documents filed with the Court and all orders entered by the Court are available in the Forms & Files section of this website.